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The law students argue that "the digital information used by the recording industry to bring the lawsuits falls short of a new legal standard set by the U.S. Supreme Court in a decision in May," according to the Morning Sentinel.
However, according to RIAA spokeswoman Cara Duckworth, the association has "followed the letter of the law."
Each year the RIAA, which represents Sony, Warner Bros., and Capitol Records, loses billions of dollars due to illegal file sharing, which predominantly takes place on college campuses. In February 2007 the company cracked down by issuing lawsuits to students who partook in such activities.
Before issuing a lawsuit to a college student, however, the association first monitors the Internet to see who is illegally sharing files. The RIAA then notifies the college, which then notifies the student. At this time the company does not have access to any of the students' names, and students can settle with cash payments ranging from $3,000 to $5,000. However, if they choose not to settle, the RIAA then files a "John Doe" lawsuit that forces the court to reveal the name of the student.
Twenty-six students in Maine have received "John Doe" lawsuits, and two of those students are now being represented by Ames and Chmelecki.
"As a student you just want to do the absolute best job that you can," said Chmelecki, who with Ames continues to work long nights and weekends on the case, along with studying for finals and working as an intern for the Cumberland County District Attorney's Office.
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